A/HRC/32/47 B. Individual accountability 102. Following a review of its evidence, the commission is satisfied that there are reasonable grounds to believe that particular individuals, including officials at the highest levels of the State and the PFDJ, and commanding officers, bear responsibility for crimes against humanity and other gross human rights violations. 103. In order to assist future accountability mechanisms, the commission compiled files on a number of individuals it has reasonable grounds to believe bear responsibility for the crimes it has documented. These files include the names of suspects, information about the potential suspect’s position and a summary of evidence compiled by the commission relating to the potential suspect. With regard to individual statements, the commission did not include any information that could identify witnesses. In compiling the files, the commission bore in mind that, under customary international law, there are various types of liability for the crimes described above. Liability may be attached not only to those who commit crimes directly but also to individuals who plan, order or instigate them. In addition, both civilian and military superiors may be liable for crimes committed by their subordinates. Future accountability mechanisms may wish to consider whether a joint criminal enterprise existed during the period covered by the commission in its reports, or any part of that period; for that reason, the commission also took into consideration information on individuals who may have contributed to such an enterprise. Lastly, the commission recalls that individuals who aid and abet the execution of a crime may themselves also be liable for the crime, and that providing such assistance may take a variety of forms. 104. The files and other relevant information are safeguarded in the commission’s confidential database. The commission has requested that the United Nations High Commissioner for Human Rights grant access to information for purposes of accountability where confidentiality and protection concerns have been addressed. 105. In addition, the commission compiled files on victims of enforced disappearances, which contain, inter alia, information on their whereabouts. The files will be handed over to the Working Group on Enforced or Involuntary Disappearances for further action where confidentiality and protection concerns have been addressed. C. Accountability mechanisms 106. At the World Summit of Heads of State and Government in 2005, world leaders reaffirmed that each individual State has the primary responsibility for protecting its population from genocide, war crimes, ethnic cleansing and crimes against humanity. 9 107. Similarly, the Rome Statute recognizes that the exercise of national jurisdiction is not only a right but also a duty of States. Given its findings with regard to the rule of law in Eritrea, however, the commission is of the view that, without substantial institutional and legal reform, there is no genuine prospect of the domestic judicial system holding perpetrators to account in a fair and transparent manner. Far-reaching reform would enhance the viability of national accountability mechanisms. 108. Many States Members of the United Nations could exercise jurisdiction over Eritreans accused of crimes against humanity who are in their territories, in accordance with principles of universal or passive personality jurisdiction. Pursuing such prosecutions would be consistent with the principles set out in the preamble of the Rome Statute which, 9 See General Assembly resolution 60/1. 17